What Does a Probate Lawyer Really Do?

By Michael Hackard

Probate. The very word stirs a mixture of confusion, anxiety, and sometimes dread. For many families, it’s a process they’ve never encountered until they lose a loved one. And in that moment, when grief is raw and questions abound, they often ask: “What now?”

That’s where a probate lawyer comes in.

I’ve spent over four decades handling estate, trust, and elder financial abuse litigation. In that time, I’ve guided countless families through probate and fought just as many battles when probate processes went sideways. This article offers a candid, comprehensive look at what probate lawyers really do. Because when it comes to protecting a legacy, knowledge is your first line of defense.

Understanding Probate: What Is It?

Before we talk about what a probate lawyer does, let’s first define probate itself.

Probate is the court-supervised process of settling a deceased person’s estate. It involves validating a will (if there is one), identifying assets, paying debts and taxes, and distributing the remaining property to heirs or beneficiaries.

If there’s a valid will, the court ensures it’s honored. If there isn’t, the estate is distributed according to the state’s intestacy laws, a formulaic approach that often surprises and disappoints families who assumed “everything would just go to the kids.”

The Role of a Probate Lawyer: Beyond Paperwork

At a glance, a probate lawyer might seem like a glorified administrator. After all, much of probate is procedural: filings, notices, accountings, hearings. But beneath the surface lies a complex landscape of legal, financial, and emotional terrain.

A probate lawyer serves as:

1. Interpreter of the Law

Probate law is state-specific and highly detailed. Filing deadlines. Asset disclosures. Creditor claims. Tax obligations. Each jurisdiction has its own rules, and missteps can delay the process or worse, open the door to litigation.

A probate attorney ensures the estate complies with applicable laws. They translate legal requirements into actionable steps and protect clients from the landmines buried in the fine print.

2. Guide Through the Legal Process

For most families, probate is unfamiliar territory. They’re grieving. They’re overwhelmed. They don’t know what’s next.

A good probate lawyer becomes the guide. They map the process: what needs to be done, in what order, and by whom. They set expectations and prevent surprises. They give families the breathing room to mourn while making sure nothing critical falls through the cracks.

3. Protector of Fiduciaries

The executor (or personal representative) bears tremendous legal responsibility. They must act in the best interests of the estate, avoid self-dealing, and execute the will faithfully.

But executors are often family members, not lawyers. They can make honest mistakes, errors that may result in personal liability.

Probate lawyers counsel executors on their duties. They handle filings, respond to creditor claims, and ensure distributions are made correctly. In contentious cases, they defend executors from claims of mismanagement or misconduct.

4. Litigator When Needed

While many probates proceed smoothly, others erupt into dispute. Disinherited heirs. Allegations of undue influence. Ambiguous wills. Missing assets.

This is where probate law becomes probate litigation and where experience matters.

As a litigator, I’ve handled cases where family members filed competing wills. Where estranged siblings accused each other of elder abuse. Where trust assets were siphoned off by unethical fiduciaries. These aren’t rare exceptions they’re the very real underside of probate.

A seasoned probate lawyer doesn’t just draft documents. They fight when fighting is required and settle when peace is possible.

Key Responsibilities of a Probate Lawyer

Let’s get more specific. Here’s what a probate lawyer may do in a typical case:

A. File the Initial Petition

Probate begins with a petition to the court, usually to admit the will (if one exists) and appoint an executor or administrator.

The lawyer prepares this petition, ensures proper notice to heirs, and represents the estate at the initial hearing.

B. Identify and Inventory Assets

The estate’s assets must be located, valued, and documented. This includes:

Real estate
Bank accounts
Retirement and investment accounts
Personal property
Business interests
Digital assets (e.g., cryptocurrency, online accounts)

A probate lawyer coordinates appraisals, collects documentation, and ensures assets are titled and reported properly.

C. Handle Debts and Taxes

Before distributing assets, the estate must pay:

Valid creditor claims
Final income taxes
Estate or inheritance taxes (if applicable)
Funeral expenses
Administrative fees

Probate lawyers review and assess debts, negotiate with creditors, and file tax returns with CPAs or tax attorneys. They ensure the estate’s liabilities are resolved without overpaying.

D. Oversee Distributions

Once debts are paid, the lawyer helps prepare a final accounting and request for distribution. They ensure assets are transferred per the will or state law and confirm that all legal formalities are met.

If a trust is involved, the lawyer coordinates with the trustee to ensure continuity of administration.

Common Misconceptions About Probate Lawyers

Many people hesitate to hire a probate attorney because of myths. Let’s bust a few:

“I don’t need a lawyer this is a simple estate.”

Even “simple” estates can present unexpected legal challenges. An unanticipated creditor. A long-lost heir. A dispute over sentimental property. Probate lawyers prevent simple from becoming complicated.

“Lawyers just make things more expensive.”

The probate process itself is costly with or without a lawyer. But a skilled attorney can often reduce expenses by:

Avoiding unnecessary court appearances
Settling disputes quickly
Preventing costly mistakes
Navigating tax-efficient strategies

In many cases, the cost of hiring a lawyer is a fraction of what litigation or probate delays would cost.

“If there’s a will, everything’s straightforward.”

Wills help but they’re not bulletproof. They can be challenged. They may be outdated. They don’t cover every asset. And they still require probate.

Having a lawyer ensures the will is enforced and its gaps are managed legally.

When You Definitely Need a Probate Lawyer

Not every probate requires full legal representation. But some scenarios absolutely call for it:

Disputed Wills or Claims of Undue Influence
Heirs contesting asset distributions
Missing or contradictory estate documents
Out-of-state property ownership
Complex tax issues
Significant debt or insolvency
Business ownership or succession issues
Allegations of fiduciary misconduct
Estranged family members or disinherited heirs

These situations carry heightened legal risk. The right lawyer doesn’t just manage the process they protect you from its pitfalls.

In many cases, estate disputes stem from unclear beneficiary designations or outdated documents.
Are You Aware of Common Reasons for Estate Disputes? — this post explains why these issues arise and how legal guidance can help

The Probate Lawyer as Peacemaker

One of the most underestimated roles a probate lawyer plays is that of peacemaker.

Family grief is fertile ground for conflict. Disagreements over what Mom or Dad “would have wanted” can spiral into years of bitterness. Clear communication, professional oversight, and legal structure prevent these conflicts from erupting.

A lawyer provides neutral authority. They reduce emotion-driven decisions. They help families focus not on what they’re “owed” but on what the law requires and what the decedent intended.

A Real-World Example: Two Paths, Two Outcomes

Let me share a real case, details changed for privacy.

Two brothers lost their father unexpectedly. The father had a will naming one son as executor, with equal distribution to both.

In the first case, the executor worked closely with a probate lawyer. All filings were timely. An independent appraisal valued the home. Communication was clear. Distributions were transparent.

In the second case (a similar estate), the executor handled everything alone. Deadlines were missed. Paperwork was incomplete. The other brother grew suspicious. Disputes arose over property value, unpaid taxes, and missing assets.

The result? One estate closed in under a year. The other dragged on for four years and ended in court.

The difference wasn’t the family. It was the foresight to get legal guidance.

Probate in California: Unique Considerations

California has its own probate code and quirks. A few things to know:

Statutory fees apply. Attorneys and executors are entitled to fees based on estate value regardless of complexity. This can make probate expensive in high-value, low-liquidity estates (like those with real estate).
Real estate appraisals are required.
Probate can take 12–24 months depending on the county and complexity.
Summary probate procedures may be available for smaller estates (under a certain threshold).

California also has a thriving trust culture many residents use revocable living trusts to avoid probate altogether. But even with a trust, legal issues may require probate court involvement, especially if assets are not titled properly.

What Probate Lawyers Wish Every Family Knew

After 40 years in practice, here’s what I wish more people understood:

Probate is avoidable, but only if you plan ahead.
Living trusts, proper titling, and coordinated beneficiary designations can bypass probate entirely.
Family fights rarely start in court; they start in confusion.
Clear, consistent documentation and legal oversight reduce the risk of misunderstandings.
Probate is a process, not a punishment.
Done right, it honors the decedent’s wishes and ensures fairness.
Legal guidance isn’t about complexity it’s about certainty.
Even a simple estate deserves peace of mind.

The Hidden Value: Preventing Problems Before They Start

One of the most important but least visible roles a probate lawyer plays is preventing problems before they start. It’s the work that doesn’t show up in headlines or court dockets, but that makes all the difference to families trying to preserve both assets and relationships.

Many people think of lawyers as people who solve problems. But the most effective probate lawyers solve problems by ensuring they never happen in the first place.

That starts with asking the right questions. A good lawyer doesn’t just look at the will or the trust in front of them. They look at the whole picture, how assets are titled, whether beneficiary designations are up to date, what kinds of relationships exist between heirs, and what life events might affect the estate. They anticipate questions the court will ask. They flag issues that might create tension. They identify ambiguities that could lead to litigation.

In many cases, I’ve helped families restructure an estate plan, resolve a titling error, or address a potential conflict before the court ever got involved. It’s the kind of legal work that isn’t dramatic but it’s incredibly effective. Quiet prevention often carries more power than loud litigation.

Complex Estates Require Specialized Counsel

Not every estate is simple. Some families hold multiple properties, business interests, investment portfolios, or even international assets. Others involve blended families, estranged heirs, or disputes over medical care and end-of-life decisions.

In these situations, probate becomes a minefield. And generic solutions simply won’t work.

Probate lawyers play an especially crucial role in these complex cases:

They coordinate with CPAs and financial advisors to manage estate and inheritance taxes.
They help appraise unique assets such as antiques, intellectual property, or privately held business shares.
They advise on succession strategies for family-owned businesses often helping structure buy-sell agreements or continuation plans.
They communicate across jurisdictions when out-of-state property, foreign bank accounts, or cross-border inheritance issues arise.

When multiple moving pieces are involved, the probate lawyer becomes the central point of contact. They keep the entire process from splintering into confusion. They ensure that every professional from the accountant to the real estate agent is aligned with the estate’s legal framework.

Working with Grieving Families

Legal skills are essential in probate. But so is emotional intelligence.

When someone dies, their family members are often in the deepest grief of their lives. Emotions run high. Old resentments bubble to the surface. And decisions that normally would be simple a document, agreeing to a distribution can become emotionally charged.

A skilled probate lawyer knows how to navigate these moments with patience and tact. They become a steady hand. They don’t take sides. They create space for clarity, while honoring the emotional weight of the moment.

In my years of practice, I’ve seen this time and again. Families who come into the process feeling lost, angry, or afraid who leave with a sense of resolution. That transformation doesn’t happen by accident. It happens when legal support is paired with empathy and structure.

Educating the Next Generation

Probate isn’t just about closing one chapter. It’s also about helping families prepare for the next one.

Many probate lawyers take the opportunity to educate heirs and beneficiaries on how to avoid future probate, how to manage inherited assets, and how to plan their own estates more wisely.

I’ve had adult children approach me after a parent’s estate was settled and say, “Now I know how important this is. Can you help me create my plan?” That kind of legacy the passing on of not just wealth, but wisdom is one of the quiet victories of effective probate work.

Bringing Order to Loss

So, what does a probate lawyer really do?

They navigate law. They manage risk. They interpret documents, mediate disputes, and ensure compliance. But more than that, they bring order to chaos. They provide stability when families feel unmoored. And they help transform loss, not into conflict but into closure.

Probate doesn’t have to be painful. With the right guidance, it can be respectful, efficient, and dignified. That’s what a probate lawyer does. And that’s why we do it.

Michael Hackard is the founder of Hackard Law, a nationally recognized California firm focused on estate, trust, and elder financial abuse litigation. With over four decades of legal experience, Michael is a trusted voice in probate and estate law, and the author of “The Wolf at the Door: Undue Influence and Elder Financial Abuse.”

Ready for compassionate, professional probate guidance? Contact Hackard Law today to protect your family’s legacy with clarity and confidence.